(1) West Virginia has relatively pure groundwater resources
which are abundant and readily available;

(2) Over fifty percent of West Virginia's overall
population, and over ninety percent of the state's rural
population, depend on groundwater for drinking water;

(3) A rural lifestyle has created a quality of life in many
parts of West Virginia which is highly valued. Maintaining this
lifestyle depends upon protecting groundwater to avoid increased
expenses associated with providing treated drinking water
supplies to rural households;

(4) West Virginia's groundwater resources are geologically
complex, with the nature and vulnerability of groundwater
aquifers and recharge areas not fully known;

(5) Contamination of groundwater is generally much more
difficult and expensive to clean up than is the case with surface
water;

(6) Groundwaters and surface waters can be highly
interconnected. The quality of any given groundwater can have a
significant impact on the quality of groundwaters and surface
waters to which it is hydrologically connected;

(7) A diverse array of human activities can adversely impact
groundwater, making it necessary to develop regulatory programs
that utilize a variety of approaches;

(8) Various agencies of state government currently exercise
regulatory control over activities which may impact on groundwater. Coordination and streamlining of the regulatory
activities of these agencies is necessary to assure that the
state's groundwater is maintained and protected through an
appropriate groundwater protection program;

(9) Disruption of existing state regulatory programs should
be avoided to the maximum extent practical;

(10) The maintenance and protection of the state's
groundwater resources can be achieved consistent with the
maintenance and expansion of employment opportunities,
agriculture, and industrial development; and

(11) A state groundwater management program will provide
economic, social, and environmental benefits for the citizens of
West Virginia now and in the future.

(b) Therefore, the Legislature establishes that it is the
public policy of the state of West Virginia to maintain and
protect the state's groundwater so as to support the present and
future beneficial uses and further to maintain and protect
groundwater at existing quality where the existing quality is
better than that required to maintain and protect the present
and future beneficial uses. Such existing quality shall be
maintained and protected unless it is established that (1) the
measures necessary to preserve existing quality are not
technically feasible or economically practical and (2) a change
in groundwater quality is justified based upon economic or
societal objectives. Such a change shall maintain and protect
groundwater quality so as to support the present and future
beneficial uses of such groundwater.

(c) The purposes of this article are to:

(1) Maintain and protect the state's groundwater resources
consistent with this article to protect the present and future
beneficial uses of the groundwater;

(2) Provide for the establishment of a state groundwater
management program which will:

(i) Define the roles of agencies of the state and political
subdivisions with respect to the maintenance and protection of
groundwater, and designate a lead agency for groundwater
management;

(ii) Designate a state agency responsible for establishment
of groundwater quality standards;

(iii) Provide for the establishment of standards of purity
and quality for all groundwater;

(iv) Provide for the establishment of groundwater protection
programs consistent with this article;

(vi) Provide for the mapping and analysis of the state's
groundwater resources and coordination of the agencies involved;
and

(vii) Provide for public education on groundwater resources
and methods for preventing contamination;

(3) Provide such enforcement and compliance mechanisms as
will assure the implementation of the state's groundwater
management program; and

(4) Assure that actions taken to implement this article are consistent with the policies set forth in section two, article
eleven of this chapter.

WVC 22 - 12 - 3
§22-12-3. Definitions.

Unless the context in which used clearly requires a
different meaning, as used in this article:

(a) "Agency action" means the issuance, renewal or denial of
any permit, license or other required agency approval, or any
terms or conditions thereof, or any order or other directive
issued by the division of environmental protection, bureau of
public health, department of agriculture or any other agency of
the state or a political subdivision to the extent that such
action relates directly to the implementation, administration or
enforcement of this article.

(b) "Beneficial uses" means those uses which are protective
of human health and welfare and the environment. Pollution of
groundwater is not considered a beneficial use.

(c) "Board" means the state water resources environmental
quality board.

(d) "Constituent" means any chemical or biological substance
found in groundwater due to either natural or man-made
conditions.

(e) "Director" means the director of the division of
environmental protection or such other person to whom the
director has delegated authority or duties pursuant to sections
six or eight, article one of this chapter.

(f) "Groundwater" means the water occurring in the zone of
saturation beneath the seasonal high water table, or any perched
water zones.

(g) "Groundwater certification" means an assurance issued by the director of the division of environmental protection that a
permit or other approval issued by a state, county or local
government body regarding an activity that affects or is
reasonably anticipated to affect groundwater complies with all
requirements of this chapter, the legislative rules promulgated
pursuant to this chapter in accordance with chapter twenty-nine-a
of this code and any other requirements of state law, rules or
agreements regarding groundwater.

(h) "Person" means any industrial user, public or private
corporation, institution, association, firm or company organized
or existing under the laws of this or any other state or country;
state of West Virginia; governmental agency, including federal
facilities; political subdivision; county commission; municipal
corporation; industry; sanitary district; public service
district; soil conservation district; watershed improvement
district; partnership; trust; estate; person or individual; group
of persons or individuals acting individually or as a group; or
any legal entity whatever.

(i) "Pollution" means the man-made or man-induced alteration
of the chemical, physical, biological or radiological integrity
of the groundwater.

(j) "Preventative action limit" means a numerical value
expressing the concentration of a substance in groundwater that,
if exceeded, causes action to be taken to assure that standards
of purity and quality of groundwater are not violated.

(k) "Water" means any and all water on or beneath the
surface of the ground, whether percolating, standing, diffused or flowing, wholly or partially within this state, or bordering this
state and within its jurisdiction, and includes without limiting
the generality of the foregoing, natural or artificial lakes,
rivers, streams, creeks, branches, brooks, ponds (except farm
ponds, industrial settling basins and ponds and water treatment
facilities), impounding reservoirs, springs, wells, watercourses
and wetlands.

WVC 22 - 12 - 4
§22-12-4. Authority of Secretary to promulgate standards of purity
and quality.
(a) The Secretary has the sole and exclusive authority to
promulgate standards of purity and quality for groundwater of the
state.

(b) These standards shall establish the maximum contaminant
levels permitted for groundwater, but in no event shall the
standards allow contaminant levels in groundwater to exceed the
maximum contaminant levels adopted by the United States
Environmental Protection Agency pursuant to the federal Safe
Drinking Water Act. The Secretary may set standards more
restrictive than the maximum contaminant levels where it finds that
such standards are necessary to protect drinking water use where
scientifically supportable evidence reflects factors unique to West
Virginia or some area thereof, or to protect other beneficial uses
of the groundwater. For contaminants not regulated by the federal
Safe Drinking Water Act, standards for such contaminants shall be
established by the Secretary to be no less stringent than may be
reasonable and prudent to protect drinking water or any other
beneficial use. Where the concentration of a certain constituent
exceeds such standards due to natural conditions, the natural
concentration is the standard for that constituent. Where the
concentration of a certain constituent exceeds such standard due to
human-induced contamination, no further contamination by that
constituent is allowed and every reasonable effort shall be made to identify, remove or mitigate the source of such contamination and
to strive where practical to reduce the level of contamination over
time to support drinking water use.

(c) The standards of purity and quality for groundwater
promulgated by the Secretary shall recognize the degree to which
groundwater is hydrologically connected with surface water and
other groundwater and such standards shall provide protection for
such surface water and other groundwater.

(d) In the promulgation of such standards the Secretary shall
consult with the Department of Agriculture and the Bureau for
Public Health, as appropriate.

(e) Any groundwater standard that is in effect on the
effective date of this article shall remain in effect until
modified by the Secretary. Notwithstanding any other provisions of
this code to the contrary, the authority of the Secretary to adopt
standards of purity and quality for groundwater granted by the
provisions of this article is exclusive, and to the extent that any
other provisions of this code grant such authority to any person,
body, agency or entity other than the Secretary, those other
provisions are void.

WVC 22 - 12 - 5
§22-12-5. Authority of other agencies; applicability.

(a) Notwithstanding any other provision of this code to the
contrary, no agency of state government or any political
subdivision may regulate any facility or activities for the
purpose of maintaining and protecting the groundwater except as
expressly authorized pursuant to this article.

(b) To the extent that such agencies have the authority
pursuant to any provision of this code, other than this article,
to regulate facilities or activities, the division of
environmental protection, the department of agriculture, the
bureau of public health, and such agencies of the state or any
political subdivision as may be specifically designated by the
director with the concurrence of such designated agencies or
political subdivisions, as appropriate, are hereby authorized to
be groundwater regulatory agencies for purposes of regulating
such facilities or activities to satisfy the requirements of this
article. In addition, the department of agriculture is hereby
authorized to be the groundwater regulatory agency for purposes
of regulating the use or application of pesticides and
fertilizers. Where the authority to regulate facilities or
activities which may adversely impact groundwater is not
otherwise assigned to the division of environmental protection,
the department of agriculture, the bureau of public health or
such other specifically designated agency pursuant to any other
provision of this code, the division of environmental protection
is hereby authorized to be the groundwater regulatory agency
with respect to such unassigned facilities or activities. The division of environmental protection shall cooperate with the
department of agriculture and the bureau of public health, as
appropriate, in the regulation of such unassigned facilities or
activities.

(c) Within one year of the effective date of this article,
the department of agriculture, bureau of public health and
division of environmental protection shall promulgate in
accordance with the provisions of chapter twenty-nine-a of this
code such legislative rules as may be necessary to implement the
authority granted them by this article.

(d) Groundwater regulatory agencies shall develop
groundwater protection practices to prevent groundwater
contamination from facilities and activities within their
respective jurisdictions consistent with this article. Such
practices shall include, but not be limited to, criteria related
to facility design, operational management, closure, remediation
and monitoring. Such agencies shall issue such rules, permits,
policies, directives or any other appropriate regulatory devices,
as necessary, to implement the requirements of this article.

(e) Groundwater regulatory agencies shall take such action
as may be necessary to assure that facilities or activities
within their respective jurisdictions maintain and protect
groundwater at existing quality, where the existing quality is
better than that required to maintain and protect the standards
of purity and quality promulgated by the board to support the
present and future beneficial uses of the state's groundwater.

(f) Where a person establishes to the director that (1) the measures necessary to preserve existing quality are not
technically feasible or economically practical and (2) a change
in groundwater quality is justified based upon economic or
societal objectives, the director may allow for a deviation from
such existing quality. Upon the director's finding of (1) and
(2) above, the director may grant or deny such a deviation for a
specific site, activity or facility or for a class of activities
or facilities which have impacts which are substantially similar
and exist in a defined geographic area. The director's reasons
for granting or denying such a deviation shall be set forth in
writing and the director has the exclusive authority to determine
the terms and conditions of such a deviation. To insure that
groundwater standards promulgated by the board are not violated
and that the present and future beneficial uses of groundwater
are maintained and protected, the director shall evaluate thecumulative impacts of all facilities and activities on the
groundwater resources in question prior to any granting of such
deviation from existing quality. The director shall consult with
the department of agriculture and the bureau of public health as
appropriate in the implementation of this subsection. The
director shall, upon a written request for such information,
provide notice of any deviations from existing quality granted
pursuant to this subsection.

(g) Should the approval required in subsection (f) of this
section be granted allowing for a deviation from existing
quality, the groundwater regulatory agencies shall take such
alternative action as may be necessary to assure that facilities and activities within their respective jurisdictions maintain and
protect the standards of purity and quality promulgated by the
board to support the present and future beneficial uses for that
groundwater. In maintaining and protecting such standards of the
board, such agencies shall establish preventative action limits
which, once reached, shall require action to control a source of
contamination to assure that such standards are not violated.
The director shall provide guidelines to the groundwater
regulatory agencies with respect to the establishment of such
preventative action limits.

(h) Subsections (e), (f) and (g) of this section do not
apply to coal extraction and earth disturbing activities directly
involved in coal extraction that are subject to either or both
article three or eleven of this chapter. Such activities are
subject to all other provisions of this article.

(i) This article is not applicable to groundwater within
areas of geologic formations which are site specific to:

(1) The production or storage zones of crude oil or natural
gas and which are utilized for the exploration, development or
production of crude oil or natural gas permitted pursuant to
articles six, seven, eight, nine or ten of this chapter; and

(2) The injection zones of Class II or III wells permitted
pursuant to the statutes and rules governing the underground
injection control program.

All groundwater outside such areas remain subject to the
provisions of this article. Groundwater regulatory agencies have
the right to require the submission of data with respect to the nature of the activities subject to this subsection.

(j) Those agencies regulating the activities specified in
subsections (h) and (i), of this section retain their groundwater
regulatory authority as provided for in the relevant statutes and
rules governing such activities, other than this article.

(k) The director has authority to modify the requirements of
subsection (g) of this section with respect to noncoal mining
activities subject to article four of this chapter. Such
modification shall assure protection of human health and the
environment. Those agencies regulating such noncoal mining
activities shall retain their groundwater regulatory authority
as provided for in the relevant statutes and rules governing such
activities other than this article.

(l) If the director proposes a need for a variance for
classes of activities which by their nature cannot be conducted
in compliance with the requirements of subsection (g) of this
section, then the director shall promulgate legislative rules in
accordance with chapter twenty-nine-a of this code, following
public hearing on the record. The rules so promulgated shall set
forth the director's findings to substantiate such need and the
criteria by which such variances shall be granted or denied.
Should any person petition or request the director to undertake
such a determination, that person will give contemporaneous
notice of such petition or request by Class I advertisement in a
newspaper of general circulation in the area to be affected by
the request.

(m) All rules, permits, policies, directives and orders of the department of agriculture, the bureau of public health and
division of environmental protection, in effect on the effective
date of this article and which are consistent with this article
shall remain in full force and effect as if they were issuedpursuant to this article unless and until modified pursuant to
this article.

(a) The division of environmental protection is hereby
designated to be the lead agency for groundwater and is
authorized and shall perform the following additional powers and
duties:

(1) To maintain the state groundwater management strategy;

(2) To develop, as soon as practical, a central groundwater
data management system for the purpose of providing information
needed to manage the state's groundwater program;

(3) To provide a biennial report to the Legislature on the
status of the state's groundwater and groundwater management
program, including detailed reports from each groundwater
regulatory agency;

(4) To coordinate with other agencies to develop a uniform
groundwater program;

(5) To perform any and all acts necessary to obtain the
benefits to the state of any federal program related to
groundwater;

(6) To receive grants, gifts or contributions for purposes
of implementing this article from federal agencies, state
agencies or any other persons interested in the management of
groundwater resources; and

(7) To promulgate legislative rules implementing this
subsection in accordance with the provisions of chapter twenty-nine-a of this code, including rules relating to monitoring and
analysis of groundwater.

(b) The division of environmental protection, bureau of public health, and department of agriculture shall participate
in the data management system developed by the division of
environmental protection pursuant to subsection (a) of this
section and shall provide the director with such information as
the director shall reasonably request in support of his or her
promulgation of rules pursuant to this article.

(c) The division of environmental protection, bureau of
public health, and department of agriculture are hereby
authorized:

(1) To engage the voluntary cooperation of all persons in
the maintenance and protection of groundwater, and to advise,
consult and cooperate with all persons, all agencies of this
state, universities and colleges, the federal government or other
states, and with interstate agencies in the furtherance of the
purposes of this article, and to this end and for the purposes
of studies, scientific or other investigations, research,
experiments and demonstrations pertaining thereto, receive and
spend funds as appropriated by the Legislature, and from such
agencies and other officers and persons on behalf of the state;

(2) To encourage the formulation and execution of plans to
maintain and protect groundwater by cooperative groups or
associations of municipal corporations, industries, industrial
users and other users of groundwaters of the state, who, jointly
or severally, are or may be impacting on the maintenance and
protection of groundwater;

(3) To encourage, participate in, or conduct or cause to be
conducted studies, scientific or other investigations, research, experiments and demonstrations relating to the maintenance and
protection of groundwater, and to collect data with respect
thereto, all as may be deemed advisable and necessary to carry
out the purposes of this article, and to make reports and
recommendations with respect thereto;

(4) To conduct groundwater sampling, data collection,
analyses and evaluation with sufficient frequency so as to
ascertain the characteristics and quality of groundwater, and the
sufficiency of the groundwater protection programs established
pursuant to this article;

(5) To develop a public education and promotion program to
aid and assist in publicizing the need of and securing support
for the maintenance and protection of groundwater.

(a) The state groundwater coordinating committee is
continued. It consists of the commissioner of the bureau of
public health, the commissioner of agriculture, the chair of the
environmental quality board, the chief of the office of water
resources of the division of environmental protection and the
director of the division of environmental protection who shall
serve as its chair.

(b) The groundwater coordinating committee shall consult,
review and make recommendations on the implementation of this
article by each of the groundwater regulatory agencies. Such
committee shall require the periodic submittal to it of the
groundwater protection programs of each groundwater regulatory
agency including all rules, permits, policies, directives and any
other regulatory devices employed to implement this article.

(c) Upon a review of such programs, the groundwater
coordinating committee shall recommend to the director approval
of such programs, in whole or in part, and identify in writing
any aspect of such programs that are not sufficient to satisfy
the requirements of this article and specify a reasonable time
period for correcting those portions of the program that are
found not to be sufficient.

(d) The director may accept the recommendation of the
committee, in whole or in part, and identify in writing any
additional aspects of such programs that are not sufficient to
satisfy the requirements of this article and specify a time
period for correcting those portions of the program that are found not to be sufficient.

(e) In the biennial report to the Legislature required by
this article, the director shall identify all portions of
groundwater protection programs which have been determined not
to be sufficient to satisfy the requirements of this article and
which have not been adequately addressed within the time period
specified by the director.

(f) No agency shall modify any aspect of its groundwater
protection program as approved by the director without the prior
written approval of the director of such modification. This
requirement does not relieve such agency of any other
requirements of law that may be applicable to such a
modification.

(g) The groundwater coordinating committee is authorized and
empowered to promulgate such legislative rules as may be
necessary to implement this section in accordance with the
provisions of chapter twenty-nine-a of this code.

WVC 22 - 12 - 8
§22-12-8. Groundwater certification.

(a) To ensure a comprehensive, consistent and unfragmented
approach to the management and protection of groundwater,
including evaluation of the cumulative effects of all activities
that have the potential to impact on groundwater, the director
shall oversee and coordinate the implementation of this article
by each of the groundwater regulatory agencies through a
groundwater certification program as hereby established.

(b) Every state, county or local government body which
reviews or issues permits, licenses, registrations, certificates
of other forms of approval, or renewal thereof, for activities or
practices which may affect groundwater quality shall first submit
to the director for review and approval an application for
certification. Such application shall include a copy of the
approval proposed by such body, including any terms and
conditions which have been imposed by it. Upon receipt of this
application, the director shall act within thirty days to
determine whether to waive or exercise his or her certification
powers. If no decision is made or communicated by the director
within said thirty day period, groundwater certification is
approved. If the director decides to exercise his or her
certification powers, he or she may utilize additional time,
not to exceed an additional sixty days, to further review the
materials submitted or to conduct such investigations as he or
she deems necessary.

(c) The director may waive, grant, grant with conditions, or
deny groundwater certification. Groundwater certification, and all conditions required under such certification, shall become a
condition on any permit, approval or renewal thereof, issued by
any state, county or local government body. Where appropriate,
the director may provide general groundwater certification for or
may waive certification for classes or categories of activities
or approvals.

(a) The director of the division of environmental protection
shall promulgate legislative rules in accordance with the
provisions of chapter twenty-nine-a of this code establishing a
schedule of groundwater protection fees applicable to persons who
own or operate facilities or conduct activities subject to the
provisions of this article. The schedule of fees shall be
calculated by the director to recover the reasonable and
necessary costs of implementing the provisions of this article
as it relates to a particular facility or activity. In addition,
the fee may include an appropriate assessment of other program
costs not otherwise attributable to any particular facility or
activity. Such fees in the aggregate shall not exceed one
million dollars per year and shall be deposited into the
groundwater protection fund established pursuant to this article:
Provided,
That any unexpended balance in the groundwater
protection fund at the end of each fiscal year may, by an act of
the Legislature, be transferred to the groundwater remediation
fund created by this article: Provided, however,
That if no
action is taken to transfer the unexpended balance to the
remediation fund, such moneys shall not be transferred to the
general revenue fund, but shall remain in the groundwater
protection fund. Such fees imposed by this section are in
addition to all other fees and taxes levied by law. The director shall require such fees to be paid at the time of certification
pursuant to section eight of this article, or at such more
frequent time as the director may deem to be appropriate. The
director may withhold certification pursuant to section eight of
this article where such fees have not been timely paid.

(b) The director of the division of environmental protection
shall also promulgate legislative rules in accordance with the
provisions of chapter twenty-nine-a of this code establishing a
schedule of groundwater remediation fees which in the aggregate
shall not exceed two hundred fifty thousand dollars. Such
groundwater remediation fees shall be assessed over a time period
not to exceed two years from effective date of such rules and
shall be deposited into the groundwater remediation fund
established pursuant to this article. Such fees shall be
assessed against persons who own or operate facilities or conduct
activities subject to the provisions of this article in
proportion to the groundwater protection fees assessed pursuant
to subsection (a) of this section for the year in which such
groundwater remediation fees, or any portion thereof, are
assessed.

(c) The following two special revenue accounts are continued
in the state treasury:

(1) The "Groundwater Protection Fund", the moneys of which
shall be expended by the director in the administration,
certification, enforcement, inspection, monitoring, planning,
research and other activities of the environmental quality board,
division of environmental protection, bureau of public health and department of agriculture in accordance with legislative rules
promulgated pursuant to the provisions of chapter twenty-nine-a
of this code. The moneys, including the interest thereon, in
said fund shall be kept and maintained by the director and
expended without appropriation by the Legislature for the purpose
of implementing the provisions of this article. The director may
withhold the payment of any such moneys to any agency whose
groundwater protection program has been determined by the
director, in consultation with the groundwater coordinating
committee, not to be sufficient to satisfy the requirements of
this article and where such agency has failed to adequately
address such determination within the time period specified by
the director. At the end of each fiscal year, any unexpended
balance of said fund may not be transferred to the general
revenue fund, but shall remain in the groundwater protectionfund.

(2) The "Groundwater Remediation Fund", the moneys of which,
to the extent that moneys are available, shall be expended by the
director for the purposes of investigation, clean-up and remedial
action intended to identify, minimize or mitigate damage to the
environment, natural resources, public and private water
supplies, surface waters and groundwaters and the public health,
safety and general welfare which may result from contamination
of groundwater or the related environment. The director or other
authorized agency officials are authorized to recover through
civil action or cooperative agreements with responsible persons
the full amount of any and all groundwater remediation fund moneys expended pursuant to this article. All moneys expended
from such fund which are so recovered shall be deposited in such
fund. The director may expend moneys from said fund and the
interest thereon without necessity of appropriation by the
Legislature. All civil penalties and assessments of civil
administrative penalties collected pursuant to this article shall
be deposited into the said fund. In addition, said fund may
receive proceeds from any gifts, grants, contributions or other
moneys accruing to the state which are specifically designated
for inclusion in the fund.

(a) Any person who violates any provision of this article,
or any permit or agency approval, rule or order issued to
implement this article, is subject to civil penalties in
accordance with the provisions of section twenty-two, article
eleven of this chapter: Provided,
That such penalties are in
lieu of civil penalties which may be imposed under other
provisions of this code for the same violation.

(b) Any person who willfully or negligently violates any
provision of this article, or any provision of a permit or agency
approval, rule or order issued to implement this article, is
subject to criminal penalties in accordance with the provisions
of section twenty-four, article eleven of this chapter:
Provided,
That such penalties are in lieu of other criminal
penalties which may be imposed under other provisions of this
code for the same violation.

(c) Any person who violates any provision of this article,
or any permit or rule or order issued to implement this article,
is subject to a civil administrative penalty to be levied by the
director, the commissioner of agriculture or the commissioner of
the bureau of public health, as appropriate, of not more than
five thousand dollars for each day of such violation, not to
exceed a maximum of twenty thousand dollars. In assessing any
such penalty, any such official shall take into account the
seriousness of the violation and any good faith efforts to comply with applicable requirements as well as any other appropriate
factors as may be established by such official by legislative
rules promulgated pursuant to this article and the provisions of
chapter twenty-nine-a of this code. No assessment may be levied
pursuant to this subsection until after the alleged violator has
been notified by such official by certified mail or personal
service. The notice shall include a reference to the section of
the statute, rule, order or statement of permit conditions that
was allegedly violated, a concise statement of the facts alleged
to constitute the violation, a statement of the amount of the
administrative penalty to be imposed and a statement of the
alleged violator's right to an informal hearing. The alleged
violator shall have twenty calendar days from receipt of the
notice within which to deliver to such official a written request
for an informal hearing. If no hearing is requested, the notice
becomes a final order after the expiration of the twenty-day
period. If a hearing is requested, such official shall inform
the alleged violator of the time and place of the hearing. Such
official may appoint an assessment officer to conduct the
informal hearing who shall make a written recommendation to such
official concerning the assessment of a civil administrative
penalty. Within thirty days following the informal hearing,
such official shall issue and furnish to the violator a written
decision, and the reasons therefor, concerning the assessment
of a civil administrative penalty. Within thirty days after
notification of such official's decision, the alleged violator
may request a formal hearing before the board in accordance with the provisions of section eleven of this article. Any
administrative civil penalty assessed pursuant to this section
is in lieu of any other civil penalty which may be assessed under
any provision of this code for the same violation. No
combination of assessments against any violator under this
section may exceed twenty-five thousand dollars per day of each
such violation. All administrative penalties shall be levied in
accordance with legislative rules promulgated by such official
in accordance with the provisions of chapter twenty-nine-a of
this code.

(d) The net proceeds of all civil penalties collected
pursuant to subsection (a) of this section and all assessments
of any civil administrative penalties collected pursuant to
subsection (c) of this section shall be deposited into the
groundwater remediation fund established pursuant to thisarticle.

(e) Any such official may seek an injunction, or may
institute a civil action against any person in violation of any
provision of this article or any permit, agency approval, rule
or order issued to implement this article. In seeking an
injunction, it is not necessary for such official to post bond
nor to allege or prove at any point in the proceeding that
irreparable damage will occur if the injunction is not issued
or that the remedy at law is inadequate. An application for
injunctive relief or a civil penalty action under this section
may be filed and relief granted notwithstanding the fact that
all administrative remedies provided for in this article have not been exhausted or invoked against the person or persons
against whom such relief is sought.

(f) If any such official upon inspection, investigation or
through other means observes, discovers or learns of a violation
of the provisions of this article, or any permit, order or rules
issued to implement the provisions of this article, he or she may
issue an order stating with reasonable specificity the nature of
the violation and requiring compliance immediately or within a
specified time. An order under this section includes, but is not
limited to, any or all of the following: Orders implementing
this article which (1) suspend, revoke or modify permits; (2)
require a person to take remedial action; or (3) are cease and
desist orders.

(g) Any person issued a cease and desist order under
subsection (f) of this section may file a notice of request for
reconsideration with such official not more than seven days from
the issuance of such order and shall have a hearing before such
official to contest the terms and conditions of such order
within ten days after filing such notice of a request for
reconsideration. The filing of a notice of request for
reconsideration does not stay or suspend the execution or
enforcement of such cease and desist order.

WVC 22 - 12 - 11
§22-12-11. Appeal procedures.

Any person having an interest which is or may be adversely
affected, or who is aggrieved by an order of the director or any
public official authorized to take or implement an agency action,
or by the issuance or denial of a permit issued to implement this
article or by such permit's term or conditions, or by the failure
or refusal to act within a reasonable time, may appeal to the
environmental quality board as provided in article one, chapter
twenty-two-b of this code.

WVC 22 - 12 - 12
§22-12-12. Rule-making petition.

Any person may petition the appropriate rule-making agency
for rule making on an issue arising under this article. The
appropriate rule-making agency, if it believes such issue to
merit rule making, may initiate rule making in accordance with
the provisions of chapter twenty-nine-a of this code. A decision
by the appropriate rule-making agency not to pursue rule making
must set forth in writing reasons for refusing to do so. Any
person may petition an agency to issue a declaratory ruling
pursuant to section one, article four, chapter twenty-nine-a of
this code with respect to the applicability to any person,
property or state of facts of any rules promulgated by that
agency pursuant to this article.

(a) It is the purpose of this article to provide additional
and cumulative remedies to address the quality of the groundwater
of the state. This article does not alter the authority of any
agency with respect to water other than groundwater. Except as
expressly stated in this article, it is not the intention of the
Legislature in enacting this article to repeal any other
provision of this code.

(b) Nothing contained in this article abridges or alters
rights of action or remedies now or hereafter existing, nor do
any provisions in this article, or any act done by virtue of this
article, estop the state, municipalities, public health officers
or persons as riparian owners or otherwise, in the exercise of
their rights to suppress nuisances or to abate any pollution now
or hereafter existing, or to recover damages.

(c) Where a person is operating a source or conducting an
activity in compliance with the terms and conditions of a permit,
rule, order, directive or other authorization issued by a
groundwater regulatory agency pursuant to this article, such
person is not subject to criminal prosecution for pollution
recognized and authorized by such permit, rule, order, directive
or other authorization.

To the extent that this article modifies any powers, duties,
functions and responsibilities of any state agency that may
require approval of one or more federal agencies or officials in
order to avoid disruption of the federal-state relationship
involved in the implementation of federal regulatory programs
by the state, any such modifications become effective upon a
proclamation by the governor stating either that final approval
of such modifications has been given by the appropriate federal
agency or official or that final approval of such modification
is not necessary to avoid disruption of the federal-state
relationship under which such regulatory programs are
implemented.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.